Military marriage can be divorced if certain conditions are met. Article 26 of the Marriage Law of the People's Republic of China stipulates that the spouse of an active serviceman requesting divorce shall obtain the consent of the serviceman, except in cases where the serviceman has committed serious faults, such as bigamy or cohabitation outside marriage, domestic violence or maltreatment, or abandonment of family members by the serviceman.
Military marriage divorce must meet the following conditions
(3) If the feelings between husband and wife have really broken down, or the military party has a major fault, and the marriage can no longer be maintained, the mediation and reconciliation are invalid, and the political organs above the military personnel shall do ideological work to the military, mediation or judgment shall be granted divorce.
The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (I) makes detailed provisions on "the military side has a major fault" :
First, the military party bigamy or cohabitation with others outside of marriage.
Second, a soldier commits domestic violence or maltreats or abandons a family member.
Third, the military side has gambling, drug abuse and other bad habits, and the general shortcomings and mistakes are very different, if the gambling, drug abuse and other bad habits and repeated teaching, it is a great misfortune to the family.
Fourth, the military side has committed other major faults.
In addition, according to the Civil Procedure Law, Article 11 of the Civil Procedure Law is interpreted, "If the military party is a non-civilian military person, the people's court of the plaintiff's domicile shall have jurisdiction." There are also special provisions for administering divorce courts.